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HomeMy WebLinkAbout10/15/1985CITY COUNCIL MINUTES - TUESDAY, COTOBER 15, 1985 - 7:00 P.M. PAGE 2 C -1 COUNCIL MINUTES Minutes of Tuesday, July 23, 1985 - 7:00 p.m. and Monday, July 29, 1985 - 12:10 p.m. were approved as amended (5 -0). C -2 CONTRACT PAY ESTIMATES Contract pay estimates and change orders approved and ordered paid as recommended (5 -0). ' C -3 CLAIM AGAINST THE CITY - COULL (VOGES - 189) Application by Tom Coull for leave to present a late claim in the amount of $2,200 for damages to his office building allegeldy caused by firm contracting with City to perform a public works project was denied as recommended (5 -0). C -4 ASSISTANT TO THE CITY TREASURER (File #202) Resolution No. 5808 (1985 Series), was adopted appointing Jeffrey Thacker as Assistant to the City Treasurer authorizing him to sign as Treasurer on behalf of the City and rescinding Resolution No. 5323 as recommended (5 -0). C -5 GROWTH MANAGEMENT (File #466) Resolution No. 5809 (1985 Series), was adopted approving request to allow minor exception under the Growth Management Regulations for project located at 3985 Hollyhock Way ready for permit issuance in September 1985 as recommended (5 -0). C -6 TAXICABS (File #546) Resolution No. 5810 (1985 Series), was adopted granting a Certificate of Public Convenience and Necessity to Cal Coast Charter, Inc., for taxi vehicle operation as recommended (5 -0). C -7 CITY /COUNTY LIBRARY (File #573) Statement of intent with Merriam - Fraser confirmed as recommended for providing architectural services in connection with the proposed City /County Library (5 -0). A -C -8 REPORT ON BIDS Resolution No. 5811 (1985 Series), was adopted awarding contract to Branch Earthmoving Equipment in the amount of $119,100 for removing material at the storage basin in Reservoir Canyon as recommended (5 -0). A -C -9 VEHICLE ABATEMENT CAD or his designee authorized to conduct hearing regarding appeal of vehicle abatement by Phill Lewis as recommended (5 -0). P R E S E N T A T I O N / A P P O I N T M E N T A. CERTIFICATE OF CONFORMANCE Mayor Billig presented the Finance Director and staff a Certificate of Conformance in Financial Reporting from the Government Finance Officers Association for exceptional performance in its comprehensive Annual Financial Report for fiscal year ended June 30, 1984. B. APPOINTMENT TO THE HUMAN RELATIONS COMMISSION (File #125) On motion of Dovey /Griffin, Virginia Black was appointed to the HRC to fill an unexpired term ending March 31, 1986, as recommended (5 -0). CITY COUNCIL MINUTES - TUESDAY, COTOBER 15, 1985 - 7:00 P.M. PAGE 3 P U B L I C H E A R I N G S 1. INTERIM REGULATIONS - OFFICE DEVELOPMENT (File #431) Council considered an ordinance to establish interim regulations for a Council use permit process for new office buildings in excess of 5,000 sq. ft. in the office zone (continued from 9- 24 -85). Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council introduce the ordinance to print as recommended. Mayor Billie declared the public hearing open. Rod Levin, Ross, Levin & MacIntyre Architects, spoke against the proposed passage. He felt that 1) the decision was best left to staff and the ARC; 2) the Council was not as knowledgeable on these guidelines as other staff resources; 3) the political influence would not be as great; and 4) ARC review was adequate - -costs would be increased by having another advisory body review. Maggie Cox, 270 Foothill and Director of Governmental Affairs representing the Chamber of Commerce, requested that the Chamber be able to participate in the study currently underway, which the Chamber supported but that they would be opposed to any interim regulation. Vic Montgomery, RRM, urged the Council to straighten out inconsistencies with other city policies and would urge the City to contact the AIA in participating with the revisions, particularly with the urban design level. Charles Crotser, member of AIA and architect, echoed comments made by Rod Levin. He did not support the interim ordinance. He would like to see the ARC continue to review office development permits and not add an additional advisory body review. Richard Young, architect and recently moved to SLO in January, stated he had a project that would be affected by the interim regulations. He was opposed to the ordinance passage. T. Keith Gurnee, RRM, agreed with statements made by Rod Levin and felt that this ordinance would not be effective, nor was it necessary. Laverne Schneider, 1356 Marsh Street, wanted the ordinance to include effect of conversions on residential properties to office. She was also concerned about lot combinations. Tom Swem, 1160 Buchon, spoke against passage of the ordinance. He felt there was sufficient criteria and techniques available currently to scrutinize projects. He did not feel there was enough demand for the ordinance to be effected now. Mayor Billie declared the public hearing closed. On motion of Dovey /Settle, to introduce an ordinance establishing interim regulations for a Council use permit process for new office buildings in excess of 5,000 sq. ft. in the office zone adjacent to the C -C zone. Councilwoman Dovey stated that the current procedures were not adequate because the policies were not clear enough for other review bodies to deal with applications. Councilman Settle also felt the policies were not clear enough to allow governing bodies to review future projects before the study is completed. Councilman Griffin stated he could not support the interim regulations because 1) the real problem is with current policies; 2) it would only affect a few applications and, therefore, not necessary; 3) there are sufficient mechanisms in place to deal with any applications that might come in; and 4) there is no additional criteria that the Council would be using in addition to that already being used by ARC. CITY COUNCIL MINUTES - TUESDAY, COTOBER 15, 1985 - 7:00 P.M. PAGE 4 Councilman Dunin stated he would also oppose the ordinance. He felt it was created as a result of an organized group in a neighborhood regarding one project. He felt there needed to be a higher -level conversion factor for offices. He did not feel there was a need for an emergency action at this time and felt in essence, this was a moratorium. He did not feel the Council was qualified to design offices and would like to see this in the hands of the ARC where it rightfully belonged. The appeal process is available at no cost for those who disagree with those decisions. ' Mayor Billig felt there were projects coming forward that could affect the downtown and, therefore, an interim ordinance was necessary. She re- emphasized that this would only affect larger projects. Motion to introduce Ordinance No. 1046 to print was passed (3 -2, Dunin and Griffin voting no). 2. APPEAL OF ARC DECISION - WILLIAMS BROS. (File #407) Council held a public hearing to consider an appeal by A.L. Ingersoll of CN Signs & Graphics, of a condition required by the Architectural Review Commission in approving a sign exception for Williams Bros. Market in Laguna Village Shopping Center; Williams Bros. Market, applicant. Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution which would deny the appeal. Mayor Billig declared the public hearing open. Al Ingersoll, 1390 Walker Street, submitted some suggested corrections to the staff report regarding whether the logo had also been approved at the ARC level. The logo had been a part of the family -owned and operated business for some 40 years and they felt it was important to retain their easily recognizable sign. He stated the signs were of the highest quality and that the distance of the building from Los Osos Valley Road necessitated the larger sign. Pierre Rademaker, ARC Chairman, responded that it was the ARC intent when they approved the original application that the logo was included. Meryl Williams, 817 East Main Street, Santa Maria, spoke in support of their appeal and the need for the sign exceptions. Mayor Billig declared the public hearing closed. On motion of Dovey /Griffin, to deny the appeal as recommended. After brief discussion, Resolution No. 5812 (1985 Series), was adopted denying the appeal by Williams Bros. and upholding action taken by the ARC conditionally approving request for exceptions to the Sign Regulations and ARC sign program as recommended (4 -1, Dunin voting no). 8:30 p.m. Mayor Billig declared a recess. 8:50 p.m. Council reconvened, all present. 3. PROPOSED SUBDIVISION - TRACT 1259 (File #410 -1259) Council held a public hearing to consider a Planning Commission recommen- dation to grant tentative map approval of Tract 1259, creating a 17 -lot residential subdivision at 2100 San Luis Drive; R -1 -S and C /OS -40 zones; Alex Madonna, applicant. Jeff Hook, Associate Planner, reviewed the agenda report and showed slides giving an overview of the project and grading areas. The recommended action was Council adoption of a resolution which would approve the tentative map and subdivision (Exhibit B) with exceptions subject to findings and conditions as recommended by staff. Mayor Billig declared the public hearing open. Rob Strong, representing Phyllis and Alex Madonna, gave a lengthy report reviewing the project, the various studies conducted since the hillside CITY COUNCIL MINUTES - TUESDAY, COTOBER 15, 1985 - 7:00 P.M. PAGE 5 planning program and reviewed the.original proposal and resubmittals. He would urge Council approval of the tentative map and would suggest an amendment to condition #12 which would include landscaping along the San Luis Creek boundary in relation to the project. Mayor Billig also requested and applicant agreed to screening of the masonry wall. Mayor Billig declared the public hearing closed. After discussion, and on motion of Settle /Dunin, Resolution No. 5813 (1985 Series), was adopted approving tentative map for Tract 1259 and subdivi- sion exceptions subject to findings and conditions as recommended by staff including amendments to finding #5b regarding landscaping of the masonry wall, condition #2 relating to water acreage fees to be paid prior to approval of final map, and added condition #23 to read, "Final map shall include provisions for preserving trees including irrigation and landscaping guidelines adjacent to base of trees, restrictions on grading and pruning of trees, and subdivider shall provide an informational brochure to all new homeowners in tract regarding care of native oaks." (5 -0). 4. FINANCING PUBLIC IMPROVEMENTS RELATED TO SAN LUIS MALL (File #416) Council considered three methods for financing offsite public improve- ments: 1) Assessment District; 2) Industrial Development Bonds; and 3) Asset Transfer. Public projects include: a) widening of the southside of Madonna Road, west of Zozobra to San Luis Creek; b) widening of Higuera between Madonna Road and the McCracken property; c) restriping of South Street between Higuera and Beebee Streets; and d) major revision to signal at Madonna and Higuera. Dave Romero, Public Works Director, briefly reviewed the projects involved. Roberta Goddard, Finance Director, reviewed the financing alternatives with the recommendation that Council take four actions: 1) adopt a resolution appointing the City Engineer as the "Engineer of Work "; 2) adopt a resolution of preliminary determination and intention to make acquisitions and improvements; 3) introduce an ordinance empowering the city to issue industrial development bonds; and 4) authorize staff to proceed with formation of a capital improvement board and identify.assets to transfer. Mayor Billig asked for public comment. None was forthcoming. After brief discussion and on motion of Settle /Dover, 1) Resolution No. 5814 (1985 Series), was adopted appointed City Engineer as the "Engineer of Work "; 2) Resolution of preliminary determination and intention No. 5815 (1985 Series), was adopted to make acquisitions and improvements; 3) Ordinance No. 1047 (1985 Series), was introduced to print empowering the City to issue industrial development bonds; and 4) staff authorized to proceed with formation of a capital improvement board and identify assets to transfer (5 -0). 5. B.I.A. PROJECT MANAGER (File #472) Council considered funding request of $10,000 for fiscal year 1985 -86 to assist the Business Improvement Association in funding a project manager position for a Main Street, U.S.A. program. Paul Lanspery, Administrative Officer, reviewed the agenda report with the recommendation that Council approve a contribution of $10,000 for fiscal year 1985 -86 for funding of the project manager position as recommended. Tom Erno, President of the B.I.A., reviewed the report in more detail. Mayor Billig asked for public comment. None was forthcoming. After brief discussion and on motion of Settle /Dover, additional support of $10,000 for fiscal year 1985 -86 was approved to assist the B.I.A. in funding a project manager position (5 -0). CITY COUNCIL MINUTES - TUESDAY, COTOBER 15, 1985 - 7:00 P.M. PAGE 6 Councilman Griffin also asked that the record reflect that the Council may need to provide for additional funding support for the next three years. 6. PERFORMING ARTS FACILITY (File #854) Council considered an agreement between the City and Hall, Goodhue, Haisley and Barker to provide consultant services (estimated to cost $49,000) for assessing the siting, financing, major features, operations and long -term maintenance of a community performing arts facility; ' consideration of transferring $24,000 from the Cultural Facilities Reserve to the Capital Outlay fund and authorization for the CAO to establish an ad -hoc committee to work with the consultant and staff to provide advice throughout the study (continued from 8 -6 -85 and 9- 17 -85). Mayor_Billig asked for public comment. Warren Sinsheimer urged support of the recommended action and would be willing as part of the ad -hoc steering committee, to help in any way they could to make the facility a reality. Dennis Kish, SLO Arts Council, also urged support of the feasibility study. Mark Reichel, member of the Cal Poly students Performing Arts Center, urged the Council to contact other groups that might be doing similar studies. Mayor Billig closed the public portion. After brief discussion and on motion of Griffin /Settle, 1) Resolution No. 5816 (1985 Series), was adopted approving agreement with Hall, Goodhue, Hailsey and Barker as recommended; 2) Resolution No. 5817 (1985 Series), was adopted transferring funds ($24,000) as recommended; and 3) CAO was authorized to establish an ad -hoc committee to provide advice to consultant and staff throughout course of study (5 -0). Councilman Griffin also suggested that the community initiate an endowment program as well and would reaffirm that this is a community project, not city project. 7. WATER MANAGEMENT PLAN (File #517) Bill Hetland, Utilities Manager, gave Management Plan and proposed schedule give direction to staff to proceed wi alternatives as the schedule listed. Obispo County Water Master Plan which submit comments by November 1, 1985. a brief update on the Water with the recommendation that Council th environmental review of selected He then submitted a draft San Luis he asked the Council to review and After brief discussion and on motion of Dunin /Settle, staff was directed to proceed with environmental review of selected alternatives in accord- ance with proposed water management schedule as recommended (5 -0). 8. GRADING PERMIT (File #402) Dave Romero, Public Works Director, reviewed the staff report with the recommendation that Council authorize the Community Development Director to issue a grading permit to Madonna Construction Company for disposal of fill in the vicinity of the proposed Orcutt Road grade separation project subject to certain conditions. After lengthy discussion and on motion Dunin /Settle, the Community Development Director was authorized to issue a grading permit; the Director of Public Works was authorized to negotiate an agreement with Madonna, Stickler and the City; the City Attorney directed to prepare an agreement regarding liability issue and Mayor, authorized to sign with the stipulation that any of these actions not jeopardize negotiations for final acquisition of the property (4 -1, Griffin voting no). Alex Madonna asked the Council to reconsider this matter with the subject property being the brickyard site owned by Williams Bros. at the corner of Broad and Orcutt. CITY COUNCIL MINUTES - TUESDAY, COTOBER 15, 1985 - 7:00 P.M. PAGE 7 The Council considered the request and upon general consensus, Council felt that there was not sufficient information in order to render a judgement. This item was continued (5 -0). C O M M U N I C A T I O N S C -1 PRISON EXPANSION (File #1114) On motion of Settle /Billig, Resolution No. 5818 (1985 Series), was adopted concerning prison construction and expansion at CMC and approving legislative strategy as amended by Councilman Griffin (5 -0). There being no further business to come before the Council, Mayor Billig adjourned the meeting at 11:45 p.m. to Tuesday, October 22, 1985, at 12:10 p.m. Pa ela Voges, City Olerk APPROVED BY COUNCIL: 11 -19 -85 M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 22, 1985 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Vice -Mayor Allen K. Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, Attorney; Toby Romero, Public Administrative Jim Stockton, Administrative Administrative Officer; Roger Picquet, City Ross, Community Development Director; Dave Works Director; Geoff Grote, Assistant Officer; Roberta Goddard, Finance Director; Recreation Director; Anne Russell, Assistant Officer; Sharon Turner, Recording Secretary C O N S E N T A G E N D A On motion of Settle /Dovey, the consent agenda was unanimously approved as recommended by the City Administrative Officer (5 -0). The following actions taken as indicated: C -1 COUNCIL MINUTES Minutes of Tuesday, August 6, 1985 - 7:00 p.m.; Tuesday, August 20, 1985 - 7:00 p.m.; and Tuesday, September 17, 1985 - 7:00 p.m..were approved as amended (5 -0). C -2 GRADING PERMIT (File #402) Community Development Director authorized to issue grading permit to Madonna Construction Company to stockpile fill at the brickyard site on Broad Street subject to conditions as recommended (continued from 10- 15 -85) (5 -0).